Skip to content

Back to Our Blog

11.18.21 COVID-19 Bulletin: OSHA’s Vax/Test Mandate Paused Amid Legal Limbo

Blog Categories

November 18, 2021

Citing ongoing litigation, the Occupational Safety and Health Administration (OSHA) announced it is pausing the implementation and enforcement of its COVID-19 Vaccine and Testing Emergency Temporary Standard. 

Per OSHA’s website“On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) ('ETS'). The court ordered that OSHA 'take no steps to implement or enforce' the ETS 'until further court order.' While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” 

However, this issue likely does not end here. This decision is expected to be appealed and may even make its way to the Supreme Court. Employers should remain prepared to implement the rule, because it may take effect again if a court overturns the Fifth Circuit’s decision.  

If the courts could reaffirm this rule, OSHA could enforce it on its January 4th effective date. At this time, though, the federal government is not implementing nor enforcing the vaccine-or-test mandate.  

The BNP will continue to keep you informed of judicial updates related to this rule.  

To help employers understand and plan for this rule, the BNP is hosting a free virtual seminar on December 2. Learn more and register here.  [Past event-registration closed]

Related Posts

7.19.21 Advocacy Alert: Canadian Border Will Reopen to Vaccinated Americans August 9

By growthzone | July 19, 2021

Today, Canadian Minister of Health Patty Hajdu announced that the Canadian border will reopen to vaccinated American travelers on August 9th.

7.16.21 BNP Advocacy Alert – Trudeau: Border Could Reopen to Vaccinated Travelers in August

By growthzone | July 16, 2021

In a conference call Thursday with Canadian officials, Prime Minister Justin Trudeau announced that Canada plans to allow vaccinated Americans to cross the border for non-essential travel by next month.

9/24/21 Webisode: Navigating the New Federal Vaccine Mandate for Employers

By growthzone | July 13, 2021

President Joe Biden recently announced a new mandate requiring all employers with 100 or more employees to ensure their workforce is fully vaccinated or require weekly testing of unvaccinated workers.

BNP Advocacy Insider – July 2021

By growthzone | July 8, 2021

The July 2021 Advocacy Insider is a roundup of important issues we are monitoring that could you and your business.